Monetary Judgement threat. ( M&S IDEM Compass Abbey Solicitors )

[Reverandbill]

Hi All

I have just received a letter from a collection agency informing me that if i don't contact them then they will instruct their Litigation department to begin legal proceedings to obtain a monetary judgement by way of obtaining an attachment/arrestment of earnings order or a charging/inhibition order against my property which i own outright.

If i can start from the beginning. I was in debt management with a company called Compass debt managers. I was with CDM for several years and did not miss any of my monthly payments to them or my creditors. Then out of the blue CDM went into liquidation taking with them approx 7k of money i had saved in a pot with them to pay off my debts. A couple of weeks before this happened i received a phone call from Compass saying that in their opinion because i had been in debt management with them for several years that they would like to recommend a firm of solicitors who might be able to assist me in clearing my debts quicker. After taking the advice from CDM and being promised that i could return to CDM at anytime i agreed to speak with this firm of solicitors and to be helped by them in regards to my outstanding debts.( CDM went into liquidation 2 weeks later from our phone call). The fee that they would charge was the same amount that i paid each month to CDM and this was for a period of 12 months. The solicitors informed me that they would be looking into my debts with regards to weather they where in fact enforceable or not. The 12 month period passed in January 2017 but the solicitors where still working on my behalf with no further charge that was until this month june 2017 when i received a letter from them saying that they had completed their work for me and my files where now closed. The letter made reference to my debts and also that in the opinion of the solicitors all bar one of my debts where unenforceable.
Going back to the start of my post the collection agency (idemservicing) who i suspect bought my original debt is one of the companies who the solicitors have marked down as holding an unenforceable debt in their opinion.
I would like to know if this company can carry out their threat for legal action against me and also if my debts are in fact unenforceable like the solicitors have said.

Kind regards
Reverandbill

[Kati]

Re: Monetary Judgement threat.

Hi again [MENTION=103489]Reverandbill[/MENTION] ... I'll tag [MENTION=6]Amethyst[/MENTION] to help you here (we've had a lot of ex Compass clients on LB) xx

[Reverandbill]

Re: Monetary Judgement threat.

Thanks Kati.... i'm not surprised to read your comment about having a lot of ex Compass clients on LB, we where all let down badly and dare i say feel conned by Compass.

[Reverandbill]

Re: Monetary Judgement threat.

Hi and good morning Kati...i was wondering if it was alright for you to give [MENTION=6]Amethyst[/MENTION] a kind reminder to see if he/she could take a look at my post http://legalbeagles.info/forums/show...dgement-threat to see if they can assist me with it. I was also thinking of sending a CCA letter to idem servicing over the account although i think this is what the solicitors done when they where acting for me. This way should i have to continue with payments to them to stop court proceedings in the future if my debt was unenforceable due to the out come of the CCA i could then use it as a leverage in negotiating a repayment plan or full reduce settlement if i could afford it.
Kind regards
Reverandbill

[Amethyst]

Re: Monetary Judgement threat.

Hi there, My apologies Reverendbill, I'm just having a little read of your post now.

[Amethyst]

Re: Monetary Judgement threat.

Sigh. I'm so sorry to hear you got screwed over by Compass, and then got funnelled over to Abbey. How much did you pay Abbey overall for this service ?

Would you be able to scan or photograph the letter you had from Abbey closing your case . ( Remove all your personal info if posting on here, or you can email it to me admin@legalbeagles.info )

So this letter before action you have received from a creditor ( IDEM ) is for a debt which Abbey informed you was unenforceable ? Did they give any reasons ?

Of course abbey cannot 'declare' a debt is unenforceable, I suspect all they have done is sent a CCA request off to each of your creditors and reviewed anything that has come back. Their proclaiming the debt to be unenforceable could mean anything, they might just not have had a copy of the agreement back from IDEM etc, or there could be missing prescribed terms within the documents. As these creditors start now taking action, you are going to end up duplicating the work you enagaged Abbey to do ( not entirely sure what that was - just send CCA letters I think ?)

(While you're scanning / photographing if you can send/post a copy of the Letter before Action from the debt collection company too that would be great )

When Abbey wrote to you did they send you copies of documents they had received from your creditors ? and in their closing letter have they stated they have informed your creditors that they are no longer acting in any third party capacity on your accounts ?


Also ( sorry ) have a look at the documents on this thread - > http://legalbeagles.info/forums/show...bt-Counsellors and see if that's the same that you received from Abbey.

Main issue for you right now is dealing with the IDEM potential court claim, but first need to know what docs you got back off Abbey that made them say it was unenforceable, then we can go from there


For ref ( from someone else's contract )

[Reverandbill]

Re: Monetary Judgement threat.

Thank you [MENTION=6]Amethyst[/MENTION] for replying to my post it was most kind of you. I will look to forward the final letter that Abbey sent me, on closing my account with them. The sum i was paying Abbey for their services was the same amount i was paying Compass each month to handle my debts which was £200. I paid Abbey a total of £2400 over 12 months with a start date of February 2016 and a final payment date of January 2017. I was told that they would continue the work until they had all information back from my creditors and come to a decision. I received a letter from them at the beginning of this month June 2017 stating that their work was now complete and that they are now in a position to provide me with their final advice. Throughout their work they did not provide me with regular updates or have they provided me with the information they received back from my creditors, so basically i have no idea what they did. I will now try to forward admin the final letter.

Kind regards
Reverandbill

[Amethyst]

Re: Monetary Judgement threat.

Thank you. I did make a complaint to the SRA when this all started but they decided there was no breach of rules. I'll have a look at your letters - just seen they have popped into my in box

I write further to my previous correspondence and to confirm that the matter has now reached a conclusion.
The information has been carefully considered and on this occasion I have decided not to take any further action.
Your report resulted in my commissioning a forensic inspection of Abbey Solicitors Limited (the firm). This is because your report raised concern that the firm may have acted in breach of the SRA Financial Services Rules 2001 and their conduct towards the former clients of Compass Debt management.
The forensic inspection was directed to investigate the work that Abbey Solicitors was undertaking on behalf of the former clients of Compass Debt management. The forensic inspection revealed that the Compass had referred its clients to the firm. The work undertaken by the firm was to consider and pursue claims concerning whether the debt was unenforceable.
The forensic commission has recently completed and I am content that following a detailed forensic investigation, there is no significant evidence that the work being carried out or the conduct towards the former clients of Compass represents professional misconduct. The forensic inspection concluded that the firm's actions did not involve the payment towards the clients debts and did not constitute a debt management service.
The SRA directs its resources to the areas of greatest risk to the public interest and high-risk issues are given priority. When considering each report the SRA has to consider the issues raised in this context. In relation to this particular matter I consider at this stage that the risk to the public as a whole is low.

[Amethyst]

Re: Monetary Judgement threat.

Read it, thank you.

I'll come back in a bit, need to go stick my head in the oven for a little while to cool down.

[Amethyst]

Re: Monetary Judgement threat.

Okay, lets pop that Abbey stuff to one side for the moment as I don't want to confuse things until this is being sorted.

So, IDEM - it isn't a letter before action, that will be the next letter if they proceed so hopefully a further CCA request will put them off. Normally I'd rely on one already sent and not responded to, but, well, this is Abbey and we have sod all idea if they did anything atm... so lets do that ourselves.

The following letter goes to IDEM at the address they have written to you from using the account reference they have put on the letter. It needs a postal order ( or cheque ) enclosing with it for £1 and you should keep a copy and a posting receipt.

Your name
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode



Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement, including obtaining a court judgment, if they fail to comply with a formal request for a copy of the agreement.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

We look forward to hearing from you.

Yours faithfully




NAME

Then a bit of background would be great :-

- It's a credit card debt ? Who was the original debt with, and do you know when you opened the account originally ?
- Were you paying it via your DMP with Compass ? or was it on hold waiting for the 'rainy day' full and final settlement plan ?
- Do you know when your final payment was made at all ?

[Amethyst]

Re: Monetary Judgement threat.

Also have a look here http://legalbeagles.info/forums/show...bt-Counsellors (last post at the moment) and send a letter requesting your file to Abbey Solicitors.

[Reverandbill]

Re: Monetary Judgement threat.

Good morning [MENTION=6]Amethyst[/MENTION]
Thank you for your reply. In answer to your questions yes it was a credit card debt with Marks & Spencers and i believe i held the card from before 2007 but can't remember exactly what date i opened the account. The card was in my DMP with Compass and they were paying it from February 2009 to December 2015. The payments were being made to Marks & Spencers from Compass between February 2009 and April 2014. In June 2014 Idem servicing took over collection of the debt through payments made by Compass until the last payment that Compass made to them in December 2015. No further payments have been made to Idem under the instruction of Abbey solicitors when i became their client back in February 2016. I will get a CCA sent off to Idem and a letter requesting a my file from Abbey.

Kind regards
Reverandbill

[Diana M]

Re: Monetary Judgement threat.

it was a credit card debt with Marks & Spencers and i believe i held the card from before 2007 but can't remember exactly what date i opened the account.

Is there any possibility that the M & S credit card was originally a store card which was 'upgraded' to a credit card?

If so then the case of Santander v Mayhew (that's me ) may help you if they do issue proceedings >

http://news.bbc.co.uk/1/shared/bsp/h...wjudgement.pdf

Di

[Reverandbill]

Re: Monetary Judgement threat.

Thank you [MENTION=87380]Diana M[/MENTION] for bringing the case of Santander v Mayhew to my attention but unfortunately it was a credit card that i had applied for.

Kind Regards
Reverandbill

[Diana M]

Re: Monetary Judgement threat.

unfortunately it was a credit card that i had applied for.

Might you have applied for the credit card in store/at the till/check-out etc where you may not have seen the Ts & Cs (on the reverse?) before signing?

(I don't give up that easily )

Di